MICHAEL MEDINA
Editor-in-chief
OZAMIZ CITY--Most politicians from Misamis Occidental are keeping an open mind on Charter Change (Cha-Cha) attempts; among them is Rep. Herminia Ramiro who said she favors constitutional amendments for uncomplicated reasons.
Cha-Cha refers to the political and other related processes involved in amending or revising the current 1987 Philippine Constitution.
Under the current constitution there are three modes of which it could be amended: people's initiative (PI), constituent assembly (Con-Ass) and constitutional convention (Con-Con).
A referendum is needed for the proposed amendments or revisions to be approved by the majority of Filipinos and then adopted.
Under President Gloria Arroyo’s administration, there were several proposals, among them a shift to a unicameral parliamentary form of government; economic liberalization; further decentralization of national government and more empowerment of local governments via transition to a parliamentary-federal government system.
To the requisites of “spreading out” more of the Constitution’s economic provisions, this is where Ramiro says she would raise her hand in approval.
“Ang Cha-Cha dili kay ilisan ang term limit (sa mga opisyales) o i-extend dili kana ang tuyo sa mga kongresista. Ang atong tuyo patsada tungod kay nagtutok kini sa economic provision. Makatabang ni og dako sa katawhan,” Ramiro explained.
Ramiro was of the same mind with DTI Sec. Peter Favila who said in 2006 that introducing amendments to the Constitution should prioritize the inclusion of liberalized economic provisions.
Congress has passed House Resolution 737, which calls for the amendment of Sections 2and 3 of Article 12 of the Constitution for the purpose of allowing the acquisition by foreign corporations and associations and the transfer or conveyance thereto, of alienable public and private lands.
House Speaker Prospero Nograles, in an interview with the Inquirer, has said this resolution would be treated like an ordinary measure that needs to pass the committee level and be approved in plenary.
The Speaker said his resolution, when brought to the plenary, could serve as a basis for raising a point of constitutional inquiry before the Supreme Court.
Nograles has pushed for the removal of the restrictive provisions in the Constitution in foreign-ownership of public lands, specifically prosposing to amend Article XII, Sections 2 and 3 of the Constitution, the provisions that hold a 60-40 production-sharing agreements and control of public land and natural resources by Filipinos and foreigners, in favor of Filipinos.
A congressional press release forwarded to PANGUIL BAY MONITOR in May, last year, quoted Nograles as saying: “At least now, I think there is really a good chance that we can finally correct the defects of our Constitution.”
Nograles, added in the press release that these defects, apart from the highly centralized system of government, is the highly restrictive provisions on land ownership for foreign investors and the mandated 60-40 equity requirement for foreign nationals who want to establish a business in the Philippines.
“These are economic provisions that have largely contributed to the slow growth of investments in the Philippines. All of our neighbors including Vietnam have already opened their economy so I don't see any reason why we can't do the same,” he said.
But as ideas on how to go about with Cha-Cha comes, even on the process of changing the economic provisions in the charter, some if not most would usually believe this goes hand in hand with the political provisions.
Nograles put this doubt to rest, saying the resolution will not pave way for introductions of amendments that will tackle on political provisions, such as term extensions.
Some 163 congressmen have affixed their signatures to Nograles’ resolution, including Ramiro.
Kampi passed another one, which calls on Congress to convene into a Constituent Assembly. This, according to ABS-CBN, has mustered 156 signatures.
With this reality, all Ramiro could say was: “Okay ang charter change apan basin apeke na ang panahon even more than of the majority the congressmen are supporting this.”
In the local level, several councilors also aired their opinion on the Cha-Cha moves; one of them is Romeo Jimenez, who said that such intention is commendable but then he said that such moves were politicized leading to disagreements.
Jimenez’s colleague, Irene “Girlet” Luansing also commented: “Uyon ko naay kausaban sa atoang konstitusyon apan atoang tukion pag-ayo kay adunay mga provision nga angay dili usbon ug adunay uban nga angay usbon so dili gyod ingnon nga sa kinatibuk-an uyon ta.”
Face-to-face, Cecilia Mabanag said she is not in favor of Cha-Cha because this will bring the 2010 electoral process to a standstill, although she added that amending the economic provisions in the charter is necessary.
“Cha-Cha is good pero after na sa eleksiyon, Kinahanglan pa nga pasabton ang mga tawo. Time element is important on Cha-Cha. Kung i-open nato nang Cha-Cha karon, apeke na unya kadtong mga incumbent nga politician mopabor gyod kay na-sentro man sa 2010, so mabutang ang mga tawo moingon dayon nga interesado ning mga politiko tungod kay naa silay interes sa 2010,” butted Matronilo Cartajenas.
“Daghan kaayong mga panglantaw sa atoang mga katawhan. Karon dili pa ta angay mohimo og charter change kay dagko pa kaayo ta problema nga gisagubang sa atong nasod. Focus sa ta sa recovery,” he added.
Yes, as to Cha-Cha’s timeliness, all the councilors were one in saying it is short of time. “There are some areas of concern for Cha-Cha but not this time, maybe after 2010,” Simplicia Neri said.
“If we want to amend the constitution all must be revealed at the proper time and those that need to be changed, those that are not appropriate anymore at this time should be the ones changed otherwise ma-stagnant pod ta. Ayohon gyod og lantaw both the positive and negative aspects that will redound to the general welfare of the people,” she added.
“The marginalized sector of the society should be given preference if ever adunay Cha-Cha,” Neri noted.
“Ang pulso sa katawhan mao ang pagpadayon sa eleksiyon karong 2010, kini nga sentimento sa katawhan maoy akong respetahan sa pagkakaron. Pwede ang Cha-Cha pero after na lang sa eleksiyon,” Nova Princess Echavez says her piece.
For Maria Constancia Lim, her agreement to moves amending the charter depends on the form. “It depends on what provisions would have to be amended. The proposal is for amending the economic provisions but not to the extent that foreigners will have a full 100 percent ownership of our land or regalian estate.”
As to the contention of term extensions, Lim added that she is not in favor of charter change if this is the case.
A report by the Philippine Star dated Feb. 7 has quoted Quezon Rep. Lorenzo Tañada III of saying the real motive of President Arroyo’s House allies in the renewed Cha-cha initiative is extending the terms of office of incumbent officials.
“The lack of a provision on how to change the Charter is a big gray area, but it looks like it will be a trial balloon for a constituent assembly. If a constituent assembly is convened, the self-interests of incumbents will definitely come into play. If we really want to end all these suspicions, the best thing to do will be to have a constitutional convention with delegates to be elected during the 2010 local and national elections,” Tañada said.
Lim, in commenting, said that if what Tañada said pushes through, it will only irritate the people. “That will only cause political, social and civis unrest,” she said.
Meanwhile, Senator Francis Escudero, in an email to this paper, has called for people's vigilance against moves by administration lawmakers to push for a piece-meal change in the Constitution.
“Unless they specifically say what they want amended and how they want the Constitution amended we cannot and should not let our guards down,” Escudero said in his statement.
“Even if chacha proponents say okay we'll convene just to amend the economic provision of the constitution, anybody can stand along the way and call for a move to amend the very rule which made them convene and move to include term extension,” he added.
“What they want us to do is close our eyes and allow what could later turn out to be the rape of the Constitution.”
Escudero then advised that the President's party mates should stand down and let Cha-Cha begin in the next administration.